The court quashed two criminal cases under Section 324 IPC and allowed corresponding criminal petitions after parties reached an amicable settlement with elder intervention, finding no useful purpose in pending proceedings.
Quashed C.C. No. 1860 of 2012 and C.C. No. 1859 of 2012; allowed both criminal petitions.
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HON’BLE SRI JUSTICE R. KANTHA RAO CRIMINAL PETITION No.1462 and 1463 of 2013
Date: 22.02.2013
CRL.P.NO.1462 OF 2013 Between: Sri Gopal Puttikar Jhonny …Petitioner/Accused And The State of A.P. and another …Respondents CRL.P.NO.1463 OF 2013 C.Thirupathi Reddy .. Petitioner/accused And State of A.P. and another .. Respondents
HON’BLE SRI JUSTICE R. KANTHA RAO
CRIMINAL PETITION No.1462 and 1463 of 2013
COMMON ORDER:
These two criminal petitions are filed under Section 482 of the Code of Criminal Procedure to quash the case and counter case filed by the parties.
I have heard the learned counsel appearing for the de facto complainants in both the criminal petitions and the learned Additional Public Prosecutor representing the State.
On the report lodged by the second respondent/de facto complainant in Criminal Petition No.1462 of 2013, a case in Crime No.600 of 2012 was registered under Section 324 IPC and subsequently charge sheet was also filed in C.C.No.1860 of 2012 on the file of the II Metropolitan Magistrate, Cyberabad, L.B.Nagar against the petitioner/accused. Similarly, on the report lodged by the second respondent in Criminal Petition No.1463 of 2013, a case in Crime No.599 of 2012 was registered under Section 324 IPC and subsequently the charge sheet was also filed in C.C.No.1859 of 2012 on the file of the II Metropolitan Magistrate, Cyberabad, L.B.Nagar. Therefore, they seek to quash the proceedings.
After filing of the criminal petitions, with the intervention of the elders, both the parties amicably settled the matter and they are no longer interested to prosecute the respective cases. The de facto complainants in both the cases and the accused were present and stated that they settled the matter amicably at the intervention of the elders and the criminal cases can be quashed.
Considering the nature of the offence and as the parties
amicably settled the matter, in exercise of powers under Section 482 of the Code of Criminal Procedure, I am of the view that no useful purpose would be served in keeping the respective cases pending with the Court below. Therefore, to secure the ends of justice, I am of the view that the cases can be quashed.
Consequently, C.C.No.1860 of 2012 and C.C.No.1859 of 2012 on the file of the II Metropolitan Magistrate, Cyberabad, L.B.Nagar are hereby quashed and both the criminal petitions are allowed.
________________ R.KANTHA RAO,J
Date: 22.02.2013 kvrm
HON’BLE SRI JUSTICE R. KANTHA RAO
CRIMINAL PETITION No.1462 and 1463 of 2013
Date: 22.02.2013
1 issue framed by the court
Whether criminal proceedings under Section 324 IPC can be quashed upon amicable settlement between parties.
1 provisions across 1 enactments
Sri Gopal Puttikar Jhonny
The State of A.P.
C. Thirupathi Reddy
State of A.P.
R. KANTHA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
